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(영문) 전주지방법원 2017.10.27 2017고단1611

특수절도

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants conspired to steals the article by using a mixed cre in E-art in Kim Jong-si D, repairing, repairing, and stealing the article.

1. At around 15:00 on July 27, 2017, the Defendants: (a) cut off a third-party f, the victim F, who f, who f, in the display stand, with an article equivalent to KRW 525,90,00, in total, of the 25,000, such as one shoulder, and one Korean fireworks, etc., in the kart, without calculating the said article by taking advantage of the gap where the surveillance of the knife is neglected; and (b) cut off.

2. The Defendants, at around 13:40 on July 23, 2017, with the same method as paragraph (1), stolen the Defendants, holding the total sum of 596,290 won of things, such as two compacts in pigs, using the same method as paragraph (1).

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police of the F;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation (a certificate of receipt by an damaged item);

1. Application of Acts and subordinate statutes to a report on investigation (to peruse on-site CCTV);

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 331(2) and 331(1) of the Criminal Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be mitigated in small amount: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006

1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)

1. Review of the sentencing criteria;

(a) Crimes Nos. 1 and 2 [the scope of recommending punishment] th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than four months from one year to three months;

2. The Defendants committed larceny on a two-time basis due to unfavorable circumstances against the sentence of punishment.

The defendants recognized all the crimes of this case, and the amount of theft is relatively small.